The purpose of the Guidelines is to establish the provisions applicable to the design and execution of projects under the CFE’s mixed-development schemes, the minimum content of mixed-investment contracts, as well as the selection procedures for awarding projects under mixed-development schemes to one or more private parties. Below is an executive summary of the Guidelines, setting out the most relevant aspects and the implications for participants in the electricity sector.
The purpose of the Guidelines is to establish the provisions applicable to the design and execution of projects under the CFE’s mixed-development schemes, the minimum content of mixed-investment contracts, as well as the selection procedures for awarding projects under mixed-development schemes to one or more private parties. Below is an executive summary of the Guidelines, setting out the most relevant aspects and the implications for participants in the electricity sector.
1. Schemes for Mixed Development
Article 38 of the Electricity Sector Law (“LSE”) classifies the “schemes for mixed development” into: (i) Long-Term Production, (ii) Mixed Investment, and (iii) any other scheme defined by the Regulations of the Electricity Sector Law or by the general administrative provisions issued by the Ministry of Energy (“SENER”). These “mixed-development schemes” allow the CFE and its subsidiary companies to associate with private parties in order to share costs, investments, expenses, and risks in electricity generation projects.
2. General Guidelines
The Guidelines establish the general framework for the design, evaluation, approval, and execution of projects under mixed-development schemes, as well as the institutional rules applicable to their governance. Among the most relevant aspects are the following:
• Approval of projects and Supporting Document: The approval of projects under mixed-development schemes requires the prior preparation of a Supporting Document by the Mixed-Development Group (“GDM”), which is submitted to the CFE’s Board of Directors together with the corresponding contractual model.
• Planning and financial viability: Projects must be aligned with SENER’s binding planning, the CFE’s Development Program, and the guidelines of the Board of Directors, and must be structured under criteria of sustainable financial viability, recovering costs and expenses solely through their revenues.
• Contractual structure and contributions: The execution of projects is formalized through contracts or legal instruments with a favorable opinion from the Legal Department. These may provide for contributions by the CFE, directly or through subsidiaries or trusts, with the exception of Long-Term Production schemes, in which the CFE does not contribute capital. In the case of the Mixed Investment scheme, the State’s participation must be at least 54% of the common capital stock.
• Selection Procedures: The selection of private parties must guarantee the best conditions for the National Electricity System, the State, and the CFE, taking into account economic, environmental, and social benefits, as well as operational synergies.
• Applicable legal regime: The Selection Procedures are governed by the Guidelines and by private law, with the CFE’s general procurement regime not being applicable.
3. Mixed-Development Group
The GDM is composed of representatives from various areas of the CFE and by members from other governmental agencies (among them, SENER and the Ministry of Finance and Public Credit). Its purpose is to ensure that each project has sufficient technical, operational, financial, legal, and administrative support prior to its submission for approval to the CFE’s Board of Directors. Among the GDM’s main functions are: (i) approving its operating rules, (ii) reviewing and following up on the strategic planning of projects, (iii) preparing the Supporting Document for the submission of such projects to the CFE’s Board of Directors, (iv) determining the viability of projects, and (v) approving the terms and conditions of the contract or legal instrument resulting from the Selection Procedures.
4. Minimum Content of Contracts
The Guidelines establish that the definitive contracts will result from the Selection Procedure and must have the GDM’s authorization prior to their formalization. For Mixed Investment projects, a minimum content is required that includes: (i) the definition of the legal vehicle under private law, (ii) the scheme for capital contributions and financing sources, (iii) the operating regime of the plants and maintenance, (iv) corporate governance with checks and balances mechanisms, veto and intervention rights, (v) risk management and asset transfer, (vi) change-in-law clauses and governmental force majeure events, (vii) the use of independent expert opinion for technical or financial disputes, and (viii) the terms of rescission, contractual penalties, and arbitration procedures.
5. Selection Procedures
The Guidelines provide that the Selection Procedures may be carried out, among other cases, for: (i) specific projects determined by the CFE, (ii) generation capacity or technology requirements, (iii) energy storage capacity requirements; and (iv) legacy projects that migrate from the regime of the Public Electricity Service Law to the LSE. Likewise, they establish that they may be conducted in person or electronically. As a general rule, the Selection Procedure must be carried out through a public bid and, on an exceptional basis, other mechanisms may be used. In particular, those contemplated in the Guidelines include the following:
• Public Bid: It is distinguished by the possibility of submitting subsequent proposals, allowing solvent participants to improve their economic proposal up to two times without modifying the technical terms. The maximum term is 120 calendar days, extendable only once for up to 60 calendar days.
• Restricted Invitation: This mechanism is reserved for specific cases, such as risks to the reliability of the National Electricity System, the pursuit of operational synergies, early terminations of prior contracts, or failed bids. The process begins through a “Request for Proposal” sent to specific candidates that have the required capabilities. The term is up to 80 calendar days, extendable for up to 40 calendar days.
• Competitive Process for Award: Applicable in the same cases as the restricted invitation, it allows for a negotiation stage or subsequent proposals during the same opening act. The term is up to 50 calendar days, extendable for up to 10 calendar days.
• Direct Award: It is permitted when the private party holds exclusive rights over assets essential to the project, such as real estate, patents, concessions, or permits. The term is 45 calendar days, extendable for up to 10 calendar days.
6. Social Witnesses
In order to guarantee transparency, the Guidelines establish the mandatory participation of Social Witnesses in the Selection Procedures. These are designated by the CFE’s Internal Audit and their function is to observe the development of the procedure, alert to possible irregularities, and issue a final public testimony with observations, conclusions on regulatory compliance, and recommendations for improvement.
Finally, the Guidelines entered into force upon their approval by the CFE’s Board of Directors for internal purposes; nevertheless, their effects vis-à-vis third parties began to apply as of January 29, 2026, the day following their publication in the DOF.
